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The USA, refused visa to Gujarat Chief Minister Narendra Modi after the 2002 riots in which thousands of innocent Muslims were butchered but US Assistant Secretary of State for South and Central Asia Robert Blake on Tuesday said Modi was free to apply for it now. This comes days after the UK ended its boycott of Modi. But it is not surprising given the fact that Muslims (not only from India but also from outside) have ditched Prophet Mohammad in this matter, as given below, which has facilitated the USA & UK to reach-out to Modi:-

The Muslims (not only from India including surviving victims of 2002 State sponsored massacre but also from outside) are not ensuring that Courts are moved as mentioned below for the simple reason that presently Muslims pay only lip service to Prophet Mohammad and do not practice His fundamental preaching that a Muslim should not tolerate such gross injustice where perpetrators of such heinous crimes will go unpunished. It is all the more ironic given the fact that Islam is the only religion on this earth which preaches that the Muslims should not get subdued by temporal authorities when it comes to protecting justice and humanity.

This betrayal of Prophet Mohammad by Muslims is evident from the fact that following requisite legal actions by Muslim victims in High Court of Gujarat / Supreme Court was published in news papers of India and outside too (some of which can still be assessed on Internet at following and rest in correspondence) - but no Muslim came forward to move Higher Judiciary effectively as mentioned below:

Any body who knows any thing about law knows that if High Court of Gujarat / Supreme Court is moved as given below then not only the office bearers of Hindutva out-fits who indulged in heinous crimes of murder, rape, assault, arson, loot, criminal trespass etc by their acts of commission but also the State functionaries like Prime Minister, Home Minister and Defence Minister of India and Chief Minister / Home Minister of Gujarat will be prosecuted for their acts of omission and will go to jail:

The entire matter of justice for the victims of Gujarat riots 2002 can broadly be divided in following three categories based on the fundamental distinction that in category (1) & (2), no evidence is needed form the victims of these riots and Higher Judiciary of its own should have imparted justice long back, based upon government records only. Whereas evidence is needed from the victims for the category (3) only, where Higher (subordinate) Judiciary is dependent on the evidences from the victims in various cases pending in courts :

People in large numbers came on streets all over riot affected Gujarat due to call for State-wise Bandh (illegal, as in view of emotionally charged atmosphere due to Godhra incidence there was no permission from authorities of Gujarat for this State-wise Bandh) given by Vishwa Hindu Parishad (VHP) and supported by its traditional allies / associates like BJP, RSS, Bajrang Dal, Shiv Sena etc The Bandh in which thousands of Bandh observing people under the office bearers of these Hindutva out-fits indulged in heinous crimes of murder, rape, assault, arson, loot, criminal trespass etc.

Police of Gujarat (right from SHO of police stations of riot effected areas to their superiors up-to S.P., Commissioner, IG, DGP etc including intelligence, under section 36 of CrPC) and the then Home Minister and the then Chief Minister and their Secretaries and Executive Magistrates of areas were under legal obligation to arrest / get arrested these office bearers of VHP, BJP, RSS, Bajarang Dal, Shiv Sena etc. not only for carrying out illegal Bandh but, under section 34 and 120-B IPC, also for their complicity in / responsibility of heinous crimes of rioters, including crimes of murder, rape, assault, arson, loot, criminal trespass etc.

But vice-president of vishwa hindu parishad (vhp) Acharya Giriraj Kishore could address press during riots [as is reported by entire media including by a prominent national news paper ‘The Times of India’ too as given below and which is still available on Internet]. And office bearers of VHP along with its allies / associates BJP, RSS, Bajarang Dal, Shiv Sena etc. could get away with it during these 2002 riots without getting arrested and prosecuted for these heinous crimes of murder, rape, assault, arson, loot, criminal trespass etc.

Ahmedabad: vice-president of vishwa hindu parishad (vhp) acharya giriraj kishore said that incidents occurred during 'gujarat bandh' on thursday was "natural outburst" over godhra massacre and result of "extreme anguish within people of gujarat." "but i appeal to vhp workers to maintain peace so that it would help in building ram temple at ayodhya," said acharya while addressing newsmen on thursday. commenting on the violent nature of 'gujarat bandh', he said that instead hindus exercised tolerance and contained themselves while reacting to godhra massacre. acharya was here at sola civil hospital on thursday to pay his last respects to the kar sevaks, who died in the tragic train incident at godhra on Wednesday]”.

Higher judiciary does not need any evidence from the victims of Gujarat riots 2002 (A)- for prosecuting at-least these perpetrators (the office bearers of VHP along with its allies / associates BJP, RSS, Bajarang Dal, Shiv Sena etc.) who committed these heinous crimes by their ‘acts of commission’ and (B)- for prosecuting public servants (right from SHO of police stations of riot effected areas to their superiors up-to S.P., Commissioner, IG, DGP etc including intelligence, under section 36 of CrPC) and the then Home Minister and the then Chief Minister and their Secretaries and Executive Magistrates - who by their ‘acts of omission’ allowed these rioters to commit these heinous crimes with impunity.

Here it is needless to say that once Higher Judiciary ensures the sanction for prosecution of said public servants and prosecution of all these criminal (who by their acts of omission and commission respectively, are responsible for these heinous crimes) then the entire out-come of the category (3) too would be immensely impacted in the interest of justice.

Whether the police force needed, for the dispersal of unlawful assembly, under section 129 CrPC was provided to Executive Magistrates by Gujarat Government adequately or not - may be decided by Court hence it needs no mention here. But here what is important is to go into provisions of section 130 and 131 of CrPC, which are related to use of armed forces to disperse such assembly / rioters and power of certain armed force officers to disperse this assembly / rioters, respectively.

As per section 130 CrPc when such assembly cannot be dispersed by police force, then the Executive Magistrate is to get it dispersed by the armed forces. So when rioters could not be dispersed during 20002 riots by police force then concerned Executive Magistrates were legally expected to call armed forces to disperse the rioters. No body else (including Ministers or Chief Minister) is legally expected to call the armed forces. It is only Executive Magistrate who has to call the army in such scenario and while in office, he is under legal obligation to keep himself informed that from which nearest pace (and not from Delhi) he will get military for this purpose of dispersing such assembly / rioters. The calling of army by Chief Minister or by any other authority and that too from distant Delhi is against section 130 CrPC. The then Central Home Minister was legally expected to move the competent authority for the dismissal of the then Governor of Gujarat who tolerated such a colossal breakdown of rule of law where Executive Magistrates of various districts were not calling Army from nearest places to curb the rioting in Gujarat.

(3)- If this is the condition of Muslims then is there any surprise that Sonia Gandhi, the de-facto ruler of India, who moves around across India and even in Gujarat labeling Narendra Modi as ‘Maut ka Saudagar’ (the merchant of death) has also not ensured the proper filing of cases in Courts to get the guilty State functionaries (including Modi) punished ? Evidently Sonia Gandhi is either scared of ‘Hindutva-Forces’ to say the least or is indulging in cynical & gory politics.

(4)- The treacherous role of so called secular liberals / intellectuals (including prominent print and electronic media) of India in this matter hardly needs any mention, who shed crocodile tears for the killed and surviving victims of State sponsored Gujarat massacre 2002, but will not do any thing to ensure the punishment, through effective and proper Court proceedings, of guilty who by their acts of commission and omission committed the heinous crimes of murder, rape, assault, arson, loot, criminal trespass etc.

If this is the condition of Muslims then is there any surprise that Sonia Gandhi, the de-facto ruler of India, who moves around across India and even in Gujarat labeling Narendra Modi as ‘Maut ka Saudagar’ (the merchant of death) has also not ensured the proper filing of cases in Courts to get the guilty State functionaries (including Modi) punished ? Evidently Sonia Gandhi is either scared of ‘Hindutva-Forces’ to say the least or is indulging in cynical & gory politics.

The treacherous role of so called secular liberals / intellectuals (including prominent print and electronic media) of India in this matter hardly needs any mention, who shed crocodile tears for the killed and surviving victims of State sponsored Gujarat massacre 2002, but will not do any thing to ensure the punishment, through effective and proper Court proceedings, of guilty who by their acts of commission and omission committed the heinous crimes of murder, rape, assault, arson, loot, criminal trespass etc.

Author Hem Raj Jain is a native of State of Rajasthan in India and of age 65 years and an Indian citizen. Hem is a graduate mechanical engineer (section A&B from The Institute of Engineers) and was in employment for 17 years and left as construction manager after working for blue chip companies in India. Hem was the proprietor of a small scale industry and practiced law for ten years in subordinate & high courts of the State of Rajasthan in India. Hem was also the president of a trade union in the capital of India, Delhi.

Hem was also a member and senior office bearer (State Secretary) of a national political party and contested election for member of parliament in 1998 on behalf of this national political party. Hem also did some research on economics with especial interest in monetary economics. As a politician, Hem braved persecution in order to protect the majesty of law and preferred to go to jail in 2006 for 2 months for contempt of court for making a written complaint (without publishing it any where) with documentary proof to various constitutional authorities (of executive ,legislative and higher judiciary) against judicial corruption & highhandedness. Hem was also the editor of a weekly Hindi news paper (a mouth piece of his political party) and still writes letters on politico - economical issues, which have been published for the last 6 years in national and international media too.

Hem is interested in the matters of USA because his children live here. "Betrayal of Americanism" is Hem's first book